Brian Lenihan Jnr (Dublin West, Fianna Fail)

Furthermore, before any deportation takes place, they are given an opportunity to go home voluntarily or to give reasons why they should not be deported. The suggestion that they can still give reasons why they should not be deported does not relate to their character as failed asylum seekers. There are two fundamental underlying principles with regard to the asylum process, and the treatment of individuals, who are not found to be refugees at the end of that process, when asylum seekers come here and seek our protection that their cases are fairly and independently examined. A deportation process, after a person's case has been dealt with fairly, is central to the proper running of an immigration and asylum system.

The definition of a refugee is set out in section 2 of the Refugee Act 1996. I do not propose to go through the entire definition but it is clear that the task in the case of each individual asylum seeker is to determine whether, following investigation, he or she is deemed to come within the terms of that definition on the basis of all the information which is gleaned.

Under the Refugee Act 1996, two statutory offices were established to consider applications or appeals in respect of refugee status and make recommendations to the Minister on whether such status should be granted. These offices are the Refugee Applications Commissioner and Refugee Appeals Tribunal. Every asylum applicant is guaranteed an investigation and a determination of his or her claim at first instance by the Refugee Applications Commissioner and a right of appeal to a statutorily independent and separate body, the Refugee Appeals Tribunal. Every asylum applicant is also guaranteed access to legal assistance provided by the refugee legal service.

The final decision in respect of an asylum application is a matter for the Minister based on the recommendation of the commissioner. However, under the legislative scheme of things, the Minister is obliged, save in exceptional circumstances, to accept such a recommendation. When the Minister makes a decision under the provision of section 17(1) to refuse to give a declaration of refugee status to an individual, notification is sent to the individual who is informed that three options are open to him or her. He or she may voluntarily leave the State, consent to a deportation order being issued in respect of him or her——

See this speech in context